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1999-02-04RICHARD S. KELLEY, Esq., Chairman LICENSE BOARD CITY OF BEVERLY GEORGE HELLER MASSACHUSETTS RONALD RANTA, Esq. MINUTES - BEVERLY LICENSE BOARD - FEBRUARY 4, 1999 Meeting called to order at 6:00 p.m. All members present. 1. Brew House Cafe - Invited in by the Board. Board's concern are the Police Reports. Basis of Attorney Thomas Alexander, 1 School Street present representing Brew House along with 2 partners, Frank Hurley, and Dave Alias, Manager of Cummings Property and Rich Abdinoor, Manager of Brew House. Mr. Alexander - The Brew House owners have had a very good record elsewhere. This establishment located at the Cummings Center. Significant investment. $1.8 million in this project. Demonstrated interest in having this establishment. It's 20,000 square feet. Employees 114 people. They opened the beginning of December. Coincided with the holidays. The owners were surprised at the clientele Brew House attracted. Thought they would service white collar. A much younger crowd than what they anticipated. It was the "in place." People out of college for the holidays. There were some. problems at the out set. Their staf= has been well trained. All are TIPS certified. The operation is somewhat unique given the size of the establishment. Begins at 8:30 a.m. with the prep people. Servers arrive at 10:30. Opens at 11:30 a.m. Restaurant and pubs open until 1:00 a.m. No one is allowed after 12:00 Midnight. Close at 1:00. From 1:00-2:00 it is cash out. 2:30 cleaning crew arrives and stays until 7:00. One item in particular, we would like to clear up. Susan Meschno, server who works on the premises. She fell and broke her wrist on New Year's Eve. Phil has a medical backgrcund and took her ouEside. Minutes - February 4, 1999 Page 2 He asked the police officer to take her to the hospital. Police Officer said no, he would call an ambulance. Didn't realize she was a server. Other workers wanted to see she got taken care of. We had the individuals involved prepare reports. of same submitted to the Board. Copies It was an unfortunate incident. Crowd naturally attracted. Company has changed things to try to change the clientele. Would like to see a more responsible crown. It is more lucrative. In order to bring that about the Brew Pub has enacted a fairly strict dress code. When was the policy enacted? December 14. In addition, the music has been changed to oldies. No rap or hip hop which tends to attract younger crowd. More security has been added. Mr. Alias - To be honest, when we opened in Lowell. Lowell has a reputation to be rougher than Beverly. However, have added the security just to make it a place comfortable to an older crowd. Every server has been TIPS certified. Mr. Alexander - What we want to emphasize, we take this very seriously. Think that the record bears out that things have changed. Ask for Board's understanding that this is a large endeavor. Have tried to make changes to change things. Mr. Kelley - What do you mean by security? Mr. Hurley - Doormen. Mr. Ranta - What is the age range of the servers? 25-42. Police Report states Susan Meschno as age 18. Servers ages range from young 20's to 40's. Lt. Roccio -Officer Conholly smelled liquor on her breath. Very concerned police officer conducting an investigation. Employee not providing names. Police officer writing a report. Officer Connolly is an EMT. Concerned because she was carried out and the person said she had passed out. The employee was confrontational. Officer Connolly has no interest except to do his job. It wasn't the patrons giving the officer a hard time. It was employees giving him a hard time. I can understand his concern but not to be confrontational. Officer Minutes - February 4, 1999 Page 3 Connolly was there to assist him. Also manager refusing to give him his name. More discussion followed. Mr. Kelley - It is disturbing to the Board the number of incidents that have occurred. Two of them happened outside. No other establishment in the area. Mr. Hurley - We have a staff of three managers. Always have two on duty. One upstairs and one downstairs. When Susan fell she was carrying a tray of champaign. Do not doubt that it went all over her. Mr. Connolly - I told her that an ambulance was coming. She agreed to go in the ambulance. She maybe hit her head. She could possibly have had a head injury. Mr. Abdinoor - break. She is a fragile girl. Never had a Mr. Kelley read report into record. Officer Connolly is an EMT. Officer Connolly - When Phil came out, he was shouting, had glossy eyes. Smelled of alcohol, was agitated. He seemed as though he had too much to drink. Susan tried to get him to calm down. The manager was also very helpful. Phil challenged me. Told me to arrest him. I felt arrest was not the best course of action. Mr. Alexander - Don't dispute poor judgement. acknowledge that. We Mr. Hurley - He did go in the next day to identify himself. More discussion followed. Mr. Kelley - It seems a serious matter. assist the officer. He did not Was TIPS in effect. Yes, 3 weeks before we opened. The dress code and TIPS is not a new procedure? Was in effect. The dress code was enforced later. Mr. Hurley - We met to change the direction the restaurant was heading. Minutes - February 4, 1999 Page 4 Is there a change in the age of the crowd? change. Yes, a big Have you barred anyone? Yes, we have, about a handful. Thursday, Friday and Saturday we have an officer on duty until midnight. Mr. Alexander - Spoke to Chief Terry about having an officer after midnight. Have hired new security correctional officers. Mr. Kelley - What was your first day of operation? December 4. Mr. Ranta - What has been done to address concerns of Lt. Roccio? It hints that it is not a priority. What happened to Phil Sak. What we do have apparently is disparity between what she said to the officer. Neither are here. Haven't heard anything about what you have done with your employees. Mr. Alias - Staff is consistently ongoing with training. This is an innocent situation that was blown out of proportion. By the time I got outside, all this had already happened. Didn't seem to get overly concerned. I insisted she go to the hospital. Didn't seem to be broken. I told her to put ice on it. Mr. Ranta - Why was Phil carrying her out. Officer Connolly - He was carrying her in his arms. Mr. Ranta - Police under a tremendous obligation to be sure patrons do not get behind the wheel. There is some discrepancy. He smells liquor on her breath. She said she had consumed liquor. He was writing his reports. He has no interest. Mr. Kelley - You spoke to the paramedic and said she had been drinking. Phil said he had been given a field sobriety test. Officer Connolly - I didn't give him a test. Mr. Heller - Newspaper article stated Police Department conducted a field sobriety test. Obvious you don't run a tight ship. Alexander - Acknowledge some poor judgement. Did Minutes - February 4, 1999 Page 5 suspend the individual involved. Do take this very seriously. There were no incidents in the second month of operation. Mr. Kelley - Can take any number of actions - no action, warning, suspension. Given that you have submitted information, I would like to extend the hearing another month. We will consider it at next month's meeting. Mr. Ranta - Agree with Mr. Kelley. I would like to see a list of the servers with their ages. Breakdown of the staff. Also would like you to advise the Board what action you have taken to address the issues Lt. Roccio raised. Mr. Alexander waived any time restrictions and stated he would submit same in writing. Mr. Heller - Motion to postpone a decision in this matter until March 4 Seconded by Mr. Ranta. Motion carried 3-0. 2. Barney's - Mrs. McAskill Barney's in an application for change in officers and manager. present representing a transfer of stock, She stated they purchased Barney's in 1987. She owned it jointly with her husband. He passed away and now she needs to make these changes. Clerk informed the Board that Mrs. McAskill had come before the Board previously with this request. A problem with the paper work and with DOR prohibited approval in the past. Motion by Mr. Heller, seconded by Mr. Ranta to approve the request. Motion carried. 3-0. 3. North Beverly Food Mart - Transfer of license from North Beverly Food Mart Inc. to Beverly Food Mart Inc., Erich Prinz, Manager. Mr. Kelley - Erich you run the restaurant in the strip mall? Yes. You are going to be the manager at the variety store. Are you going to keep the same staff? Yes. Are you going to be in the restaurant and the food mart? No. I will be in the food mart primarily. Mr. Heller - You are going to pledge? Yes tc Mr. Booras. Minutes - February 4, 1999 Page 6 Mr. Booras - Erich and I have discussed. We have discussed about him going to a program in April about selling retail. Is there going to be an overlap? I will be with Erich. Have known Erich for 6 years. Will do an excellent job. Mr. Kelley to Erich - You are putting in $30,000? Yes. Any person present to speak in favor or against the transfer of this license? No one present. Mr. Heller - Motion to approve the transfer of the license to Beverly Food Mart Inc. with the stipulation that Erich be TIPS certified within 60 days or notify the Board with a date. Seconded by Mr. Ranta. Motion carried 3-0. Motion also made and seconded that approval be granted to pledge the license to Mr. Booras. Motion carried 3-0. 4. Change of manager at the Depot Restaurant to Kelley A. Spada. Ms. Spada present and stated The Depot personnel has never been TIPS certified. Their training is extremely intense. She has been at the Depot for 13 years and has lots of experience. Mr. Ranta - Motion to approve the change in manager at the Depot Restaurant to Kelley A. Spada. Seconded by Mr. Heller. Motion carried 3-0. 5. Mickey Ratte present to make a presentation concerning Community Plans (Prevention Linkages Across the North Shore). She has been on a Federal Grant for three years - Center for Substance Abuse - to do something about alcohol abuse. She is here asking that the City of Beverly adopt a policy that mandates that all servers be TIPS certified. They stress that all servers be trained and certified. Do not have a Statewide program. There is legislation in the State House. Has been adopted in Ipswich, Gloucester, Danvers, Manchester and Hamilton. Peabody has decided to wait to see if the State approves it. Discussion followed. Minutes - February 4, 1999 Page 7 Mr. Kelley - Appears greatest incentive is discount on insurance. Seems to be enough to move these entities. Not sure the regulation is necessary. Especially where it is incumbent upon City to check on this. Find it difficult to see that we made something that may not be necessary. Mr. Ranta - Concern that we have it be imposed on people who are doing a good job. The more cities get on board the more pressure there will be on the State. Mr. Kelley - As a Board we will consider it. speak to Chief Terry. Will also More discussion 6. One day licenses - Request from Farms/Prides Association for a one day license. Hours not given? Clerk to call for hours. Motion made and seconded to approve the license. Motion carried 3-0. 7. Wild Horse Cafe - Submitted application for a change in manager to Eugene Rossi. No one present. Clerk to notify them that no action was taken and to invite them to appear at the next meeting. Next meeting set for March 4, 1999 at 6:00 p.m. at the Library. Meeting adjourned at 7:45 p.m. Respectfully submitted,